Omana vs Thrissur District Co-Operative … on 2 September, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 36741 of 2007(Y)


1. OMANA, W/O. SUDHAKARAN,
                      ...  Petitioner

                        Vs



1. THRISSUR DISTRICT CO-OPERATIVE BANK LTD.
                       ...       Respondent

2. THE ARBITRATOR-CUM-SPECIAL SALE OFFICER,

                For Petitioner  :SRI.C.A.CHACKO

                For Respondent  :SRI.V.G.ARUN,SC,THRISSUR DIST.CO-OP BAN

The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN

 Dated :02/09/2008

 O R D E R
           THOTTATHIL B.RADHAKRISHNAN, J.
                  -------------------------------------------
                   W.P(C).No.36741 OF 2007
                  -------------------------------------------
            Dated this the 2nd day of September, 2008


                              JUDGMENT

Having heard learned counsel for the petitioner and

learned counsel for the first respondent, I do not find any

jurisdictional error or legal infirmity in the impugned

proceedings. which have been taken under the Kerala Co-

operative Societies Act, 1969, on account of default on the part

of the petitioner to repay a housing loan availed from the first

respondent. Hence, the writ petition is ordered directing that

the petitioner shall appear before the first respondent and make

a request to regularise the transaction by receiving the

defaulted instalments with penalty, interest etc. on the basis of

such decision as may be taken by the first respondent. If such

benefit is not extended to the petitioner, she will be given six

months’ time to pay off the entire outstandings in equal monthly

instalments, payable on or before the last working day of every

month commencing from September, 2008.

Sd/-

THOTTATHIL B.RADHAKRISHNAN,
Judge.

kkb.